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07-3088 - Jack v. American Brokers Conduit et al


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07-3088 - Jack v. American Brokers Conduit et al
July 11, 2008
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MEMORANDUM AND OPINION: The motion at bar arises from a discovery dispute between plaintiff Tilton Jack and defendant Golden First Mortgage Corporation. On November 19, 2007, plaintiff served a set of interrogatories and document requests on Golden First. On January 10, 2008, Golden First submitted responses to the requests, but failed to produce numerous relevant documents. Rather, Golden First informed plaintiff that it would make documents responsive to plaintiffs discovery requests 3, 5, 14, and 17 available for inspection and copying at Golden Firsts premises at a mutually agreeable date and time. Plaintiff repeatedly attempted without success to arrange an opportunity with Golden First to inspect these documents. Subsequently, plaintiff filed a motion to compel discovery pursuant to Federal Rule of Civil Procedure 37(a)(3), requesting that the Court issue an order requiring Golden First to produce copies of the documents that it has identified as responsive to Requests 3, 5, 14, and 17. Golden First filed no response, and I granted the motion. Plaintiff now moves pursuant to Rule 37(a)(5)(A) of the Federal Rules of Civil Procedure for an award of attorneys fees incurred in securing First Goldens compliance with his discovery requests. For the reasons set forth in the attached Memorandum & Order, it is ordered that plaintiffs application for attorneys fees is granted and that Golden First Mortgage Corporation shall pay plaintiff $1,125. Ordered by Magistrate Judge Robert M. Levy on 7/11/08. See attached Memorandum and Order. (Marino, Janine)